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HB0492 • 2026

Child Custody and Support

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to child custody.

Children
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Farmer, Stevens
Last action
2025-05-13
Official status
Comp. became Pub. Ch. 321
Effective date
Not listed

Plain English Breakdown

The bill summary and text do not provide specific details on how courts will use this new information or when changes to existing parenting plans might occur.

Child Custody and Support Changes

This bill changes how courts consider whether parents have paid child support when deciding on custody arrangements.

What This Bill Does

  • Changes the list of factors a court considers when making decisions about who takes care of children to include whether a parent has failed to pay child support, regardless of the duration since the last payment was due.
  • Clarifies that courts may limit or stop parts of parenting plans if they find out a parent hasn't paid child support.

Who It Names or Affects

  • Courts that make decisions about who takes care of children
  • Parents involved in custody disputes

Terms To Know

Parenting plan
A plan made by parents or decided by a court to guide how they will take care of their child together.
Child support
Money one parent pays to help cover the costs of raising a child after a separation or divorce.

Limits and Unknowns

  • The bill does not specify how courts should use this new information about child support payments.
  • It is unclear if and when specific changes will be made to existing parenting plans based on these updates.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB0492

Plain English: The amendment adds a new subsection (g) to Tennessee Code Annotated Section 36-6-306, allowing courts to award reasonable attorney's fees and other litigation expenses to either party in grandparent visitation cases.

  • Adds a new subsection (g) to the existing law that allows courts to give one side of a case money for legal costs if they are involved in a dispute about visiting grandchildren.
  • The amendment text does not specify under what conditions or criteria these fees and expenses would be awarded, leaving some details unclear.
Amendment 1-0 to SB0540

Plain English: The amendment adds a new subsection (g) to Tennessee Code Annotated Section 36-6-306, allowing courts to award reasonable attorney's fees and other litigation expenses to either party in grandparent visitation cases.

  • Adds a new subsection (g) to the existing law that permits courts to grant legal costs such as attorney’s fees to grandparents or parents involved in disputes over visitation rights.
  • The amendment text does not specify under what circumstances these legal costs can be awarded, leaving some details unclear.

Bill History

  1. 2025-05-13 Tennessee General Assembly

    Comp. became Pub. Ch. 321

  2. 2025-05-13 Tennessee General Assembly

    Effective date(s) 05/02/2025

  3. 2025-05-13 Tennessee General Assembly

    Pub. Ch. 321

  4. 2025-05-02 Tennessee General Assembly

    Signed by Governor.

  5. 2025-04-22 Tennessee General Assembly

    Transmitted to Governor for action.

  6. 2025-04-21 Tennessee General Assembly

    Signed by H. Speaker

  7. 2025-04-21 Tennessee General Assembly

    Signed by Senate Speaker

  8. 2025-04-17 Tennessee General Assembly

    Enrolled and ready for signatures

  9. 2025-04-15 Tennessee General Assembly

    Sponsor(s) Added.

  10. 2025-04-15 Tennessee General Assembly

    Comp. SB subst.

  11. 2025-04-15 Tennessee General Assembly

    Passed H., Ayes 75, Nays 17, PNV 2

  12. 2025-04-15 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0378)

  13. 2025-04-15 Tennessee General Assembly

    Subst. for comp. HB.

  14. 2025-04-10 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/14/2025

  15. 2025-04-09 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/10/2025

  16. 2025-04-09 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  17. 2025-04-02 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/9/2025

  18. 2025-04-02 Tennessee General Assembly

    Action def. in Judiciary Committee to 4/9/2025

  19. 2025-03-26 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/2/2025

  20. 2025-03-26 Tennessee General Assembly

    Action def. in Judiciary Committee to 4/02/2025

  21. 2025-03-19 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/26/2025

  22. 2025-03-19 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/26/2025

  23. 2025-03-12 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/19/2025

  24. 2025-03-12 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/19/2025

  25. 2025-03-10 Tennessee General Assembly

    Rcvd. from S., held on H. desk.

  26. 2025-03-06 Tennessee General Assembly

    Engrossed; ready for transmission to House

  27. 2025-03-06 Tennessee General Assembly

    Sponsor(s) Added.

  28. 2025-03-06 Tennessee General Assembly

    Passed Senate as amended, Ayes 26, Nays 3, PNV 1

  29. 2025-03-06 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0017)

  30. 2025-03-05 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/12/2025

  31. 2025-03-04 Tennessee General Assembly

    Rec for pass if am by s/c ref. to Judiciary Committee

  32. 2025-03-04 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/6/2025

  33. 2025-02-26 Tennessee General Assembly

    Placed on s/c cal Children and Family Affairs Subcommittee for 3/4/2025

  34. 2025-02-25 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 2 PNV 0

  35. 2025-02-19 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 2/25/2025

  36. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  37. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  38. 2025-02-05 Tennessee General Assembly

    Assigned to s/c Children and Family Affairs Subcommittee

  39. 2025-02-05 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  40. 2025-02-03 Tennessee General Assembly

    Intro., P1C.

  41. 2025-01-30 Tennessee General Assembly

    Filed for introduction

  42. 2025-01-29 Tennessee General Assembly

    Filed for introduction

Official Summary Text

ON MARCH 6, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 540, AS AMENDED.

AMENDMENT #1 authorizes a
court
to
award reasonable attorney's fees and other litigation expenses to either party in an action for grandparent visitation
.

Current Bill Text

Read the full stored bill text 
SENATE BILL 540
By Stevens

HOUSE BILL 492
By Farmer

HB0492
001879
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 36
and Title 37, relative to child custody.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 36-6-106(a), is amended by deleting
subdivisions (a)(15) and (16) and substituting:
(15) Whether a parent has failed to pay court-ordered child support; and
(16) Any other factors deemed relevant by the court.
SECTION 2. Tennessee Code Annotated, Section 36-6-106(g), is amended by deleting
the language "subdivisions (a)(1) – (15)" and substituting "subdivisions (a)(1) – (16)".
SECTION 3. Tennessee Code Annotated, Section 36-6-406(d)(1), is amended by
deleting the subdivision and substituting:
(1) A parent's neglect or substantial nonperformance of parenting
responsibilities, including the failure to pay court-ordered child support;
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.